The request for impeachment to the Supreme Court (CS) for disagreement with the sentences of the Highest Court leads to an untenable situation in a Rule of Law, since every time this occurs this behavior will become the loophole for not complying with the rulings of the CS.
The Argentine Executive, most of the pro-government governors and important Peronist referents have decided not to comply with the ruling of the CS that deducted by decree and later by law an important part of the funds that correspond to the Autonomous City of Buenos Aires.
Thus, the 1994 constitutional reform that granted it in the new article 129 the status of an autonomous territorial body on an equal footing with the provinces was ignored, taking the position of the CABA back to the situation prior to it when it was a mere autarchic territorial body. with the legislation in charge of the Congress and the Mayor appointed by the president.
Therefore, any modification of this type requires bilaterality, that is, the agreement of both parties, the Nation and CABA.
The reallocation of funds to the CABA does not harm the provinces.
Thus, the CS clearly states that “it is appropriate to reiterate that the participation discussed here of the City of Buenos Aires in the total mass of revenue to be distributed does not affect the co-participation of the provinces.
In effect, whatever the outcome of this lawsuit, the co-participated resources of the provinces will not be affected, since the quota corresponding to the City of Buenos Aires is deducted only from the funds that correspond precisely to the Nation in the primary distribution.
The disobedience of the pronouncements of the CS means the non-observance of the Constitution and, therefore, the collapse of the Republic.
Thus, the government of Joe Biden has requested respect for democratic institutions and the separation of powers in the face of the absurd decision of the Argentine government to initiate an impeachment trial against the CS.
Previously, the famous human rights organization, Human Rights Watch, stated in a report (referring to Argentina) that the attack on judges by the government "undermines the rule of law."
These attacks on the independence of Justice generate a manifest rejection in the universe of democratic countries.
They accentuate the difficulty of achieving investments that allow the arrival of fresh funds, which constitutes an important contribution to the reversal of the situation that our battered economy is going through.
It is about listening to the paradigm that the US president launched at the time when he said that at the present time countries are faced with the choice between democracy or autocracy.
If judicial rulings are not respected, the separation of powers is destroyed, the independence of Justice, the Constitution is grossly breached and therefore the collapse of a Republic is caused.
Daniel Sabsay is Professor and Director of the Graduate Course in Constitutional Law at the UBA.